Common use of Assistance with Permits and Utility Agreements Clause in Contracts

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs): (a) experiences a delay in the Project (measured on a critical path basis having regard to the Contractor’s Construction Schedule) of at least 30 days as a result of being unable to arrange or enforce performance of any particular Utility Agreement (as defined in Section 4.8) other than drainage agreements, then any delay after the initial 30 day delay period shall be treated as if it were a Relief Event, except that: (i) the Province shall not share in any costs occasioned by the initial 30 day delay period; and (ii) after the initial 30 day period, the Province shall contribute one-half of the incremental costs occasioned to the Contractor by the further delay, and the Contractor shall absorb the other one-half; or (b) incurs direct out-of-pocket costs billed by utilities to the Contractor pursuant to Utility Agreements for relocation, power hook-ups or other expenses (collectively, “Utility Costs”) in relation to the Project (whether incurred during the Construction Period or during the Operating Period) in aggregate exceeding $35,000,000, the Province shall, upon receipt of appropriate invoices and supporting documentation reimburse the Contractor for: (i) one-half of the amount by which the Utility Costs in aggregate exceed $35,000,000 but do not exceed $40,000,000; and (ii) three-quarters of the amount by which the Utility Costs in aggregate exceed $40,000,000. The Contractor shall, upon experiencing a delay in the Project as described in clause (a), provide notice to the Province of the commencement of the 30 day period in clause (a), including details of the cause of the delay and the efforts to date and anticipated further efforts of the Contractor to prevent or minimize the duration of the delay.

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs): (a) experiences a delay in the Project (measured on a critical path basis having regard to the Contractor’s Construction Schedule) of at least 30 days as a result of being unable to arrange or enforce performance of any particular Utility Agreement (as defined in Section 4.8) other than drainage agreements, then any delay after the initial 30 day delay period shall be treated as if it were a Relief Event, except that: (i) the Province shall not share in any costs occasioned by the initial 30 day delay period; and (ii) after the initial 30 day period, the Province shall contribute one-half of the incremental costs occasioned to the Contractor by the further delay, and the Contractor shall absorb the other one-half; or (b) incurs direct out-of-pocket costs billed by utilities (for greater clarity, “utilities” does not include railways) to the Contractor pursuant to Utility Agreements (as defined in Section 4.8) other than drainage agreements, for relocation, power hook-ups or other expenses (collectively, “Utility Costs”) in relation to the Project (whether incurred during the Construction Period or during the Operating Period) in aggregate exceeding $35,000,00012 million, the Province shall, upon receipt of appropriate invoices and supporting documentation reimburse the Contractor for: (i) one-half of the amount by which the Utility Costs in aggregate exceed $35,000,000 12 million but do not exceed $40,000,00018 million; and (ii) three-quarters of the amount by which the Utility Costs in aggregate exceed $40,000,00018 million. The Contractor shall, upon experiencing a delay in the Project as described in clause (a), provide notice to the Province of the commencement of the 30 day period in clause (a), including details of the cause of the delay and the efforts to date and anticipated further efforts of the Contractor to prevent or minimize the duration of the delay.

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs): (a) experiences a delay in the Project (measured on a critical path basis having regard to the Contractor’s Construction Schedule) of at least 30 days as a result of being unable to arrange or enforce performance of any particular Utility Agreement (as defined in Section 4.8) other than drainage agreements, then any delay after the initial 30 day delay period shall be treated as if it were a Relief Event, except that: (i) the Province shall not share in any costs occasioned by the initial 30 day delay period; and (ii) after the initial 30 day period, the Province shall contribute one-half of the incremental costs occasioned to the Contractor by the further delay, and the Contractor shall absorb the other one-half; or (b) incurs direct out-of-pocket costs billed by utilities to the Contractor pursuant to Utility Agreements for relocation, power hook-ups or other expenses (collectively, “Utility Costs”) in relation to the Project (whether incurred during the Construction Period or during the Operating Period) in aggregate exceeding $35,000,0008,000,000, the Province shall, upon receipt of appropriate invoices and supporting documentation reimburse the Contractor for: (i) one-half of the amount by which the Utility Costs in aggregate exceed $35,000,000 8,000,000 but do not exceed $40,000,00010,000,000; and (ii) three-quarters of the amount by which the Utility Costs in aggregate exceed $40,000,00010,000,000. The Contractor shall, upon experiencing a delay in the Project as described in clause (a), provide notice to the Province of the commencement of the 30 day period in clause (a), including details of the cause of the delay and the efforts to date and anticipated further efforts of the Contractor to prevent or minimize the duration of the delay.

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall, shall in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs): (a) experiences a delay in the Project (measured on a critical path basis having regard to the Contractor’s Construction Schedule) of at least 30 days within one or more Construction Seasons as a result of being unable to arrange or enforce performance of any particular Utility Agreement (as defined in Section 4.8) other than drainage agreements, then any delay after the initial 30 day delay period shall be treated as if it were a Relief Event, except that: (i) the Province shall not share in any costs occasioned by the initial 30 day delay period; and (ii) after the initial 30 day period, the Province shall contribute one-half of the incremental costs occasioned to the Contractor by the further delay, and the Contractor shall absorb the other one-half; or (b) incurs direct out-of-pocket utility relocation costs (defined as costs billed by utilities to the Contractor pursuant to Utility Agreements for relocationContractor, and also including power hook-ups or other expenses (collectively, “Utility Costs”up costs billed to the Contractor) in relation to the Project (whether incurred during the Construction Period or during the Operating Period) in aggregate exceeding $35,000,0005,000,000, the Province shall, upon receipt of appropriate invoices and supporting documentation reimburse the Contractor for: (i) one-half of the amount by which the Utility Costs utility relocation costs in aggregate exceed $35,000,000 5,000,000 but do not exceed $40,000,00010,000,000; and (ii) three-quarters of the amount by which the Utility Costs utility relocation costs in aggregate exceed $40,000,00010,000,000. The Contractor shall, upon experiencing a delay in the Project as described in clause (a), provide notice to the Province of the commencement of the 30 day period in clause (a), including details of the cause of the delay and the efforts to date and anticipated further efforts of the Contractor to prevent or minimize the duration of the delay.

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 (Contractor Solely Responsible for Project) to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.84.7 (Utility, Railway and Drainage Agreements)), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs): (a) experiences a delay in the Project (measured on a critical path basis having regard to the Contractor’s Construction Schedule) of at least 30 days as a result of being unable to arrange or enforce performance of any particular Utility Agreement (as defined in Section 4.84.7 (Utility, Railway and Drainage Agreements)) other than drainage agreements, then any delay after the initial 30 day delay period shall be treated as if it were a Relief Event, except that: (i) the Province shall not share in any costs occasioned by the initial 30 day delay period; and (ii) after the initial 30 day period, the Province shall contribute one-half of the incremental costs occasioned to the Contractor by the further delay, and the Contractor shall absorb the other one-half; or (b) incurs direct out-of-pocket costs billed by utilities to the Contractor pursuant to Utility Agreements (other than drainage agreements) for relocation, power hook-hook- ups or other expenses (collectively, “Utility Costs”) in relation to the Project (whether incurred during the Construction Period or during the Operating Period) in aggregate exceeding $35,000,0003,000,000.00, the Province shall, upon receipt of appropriate invoices and supporting documentation reimburse the Contractor for: (i) one-half of the amount by which the Utility Costs in aggregate exceed $35,000,000 3,000,000.00 but do not exceed $40,000,0005,000,000.00; and (ii) three-quarters of the amount by which the Utility Costs in aggregate exceed $40,000,0005,000,000.00. The Contractor shall, upon experiencing a delay in the Project as described in clause (a), provide notice to the Province of the commencement of the 30 day period in clause (a), including details of the cause of the delay and the efforts to date and anticipated further efforts of the Contractor to prevent or minimize the duration of the delay.